Senate amends electoral act to accommodate electronic transmission of results with conditions

The Senate has rescinded its earlier decision on the Electoral Act amendment in which it rejected the mandatory electronic transmission of election results from polling units to the Independent National Electoral Commission’s (INEC) Result Viewing Portal (IREV) after vote counting.

Penpushing reports that the Senate re-amended the Electoral Act on Tuesday to accommodate the electronic transmission of results, however, the provision comes with a caveat that, in the event of internet failure, Form EC8A will serve as the primary means of result collation.

The decision followed a motion moved by the Senate Chief Whip, Senator Tahir Monguno, during an emergency plenary session, however, despite the change, the amendment does not make electronic transmission mandatory.

Penpushing further reports that Monguno, representing Borno North Senatorial District, said the decision to rescind the Senate’s earlier rejection of electronic transmission was informed by the need for the Electoral Act to reflect the wishes of Nigerians.

“This amendment is to bring our laws to make it a replica of the wishes and aspirations of the people. I was the one who moved a motion on the retainment of the previous Electoral Act which is generating controversy,” he said.

 Penpushing also reports during the earlier clause-by-clause consideration of the Electoral Act amendment last Wednesday, Monguno had urged the Senate to retain the provision in Clause 60 of the 2022 Electoral Act, which permits the transmission of election results to collation centres.

The Senator during Tuesday’s plenary made a U-turn, urging the Senate to delete its earlier recommendation due to the controversy that trailed the amendment’s passage, adding that the clause required further legislative review to ensure the conduct of smooth, transparent and credible elections in Nigeria.

“Upon careful examination of the Bill, fresh issues have emerged in respect of Clause 60(3), which requires further legislative consideration in order to ensure the conduct of smooth, transparent, and credible elections in Nigeria’.

Penpushing reports that the Minority Leader, Senator Abba Moro seconded the motion, and the Senate President, Senator Godswill Akpabio, subsequently put the motion to a voice vote, which was supported by a majority of lawmakers.

The latest amendment, indicated that the Senate has effectively acknowledged that its earlier version of the amendment was passed without a provision for electronic transmission of results, however, the development, instead, it allows results to be transmitted electronically while providing an alternative in cases of network failure.

Penpushing further reports that it would be recalled that last Thursday, Nigerians have been intensely debating amendments to the Electoral Act passed by the Senate on Wednesday, although several provisions of the law were amended.

The public attention has largely focused on one controversial clause which is the rejection of electronic transmission of election results from polling units to the Independent National Electoral Commission’s (INEC) Result Viewing Portal (IREV).

Penpushing also reports that in same vein, public opinion has been largely divided, while many political parties, politicians and social media users have condemned the amendments and urged lawmakers to reconsider them.

The civil society groups, activists and some politicians have staged protests at the entrance of the National Assembly, demanding the inclusion of mandatory electronic transmission of results in the Electoral Act amendment.

Penpushing reports that, some senators in the minority caucus before commencement of the protest had told journalists on Thursday that the Electoral Act amendment already accommodated electronic transmission of results.

The lawmakers were led by Abia South Senator, Eyinnaya Abaribe of the All Progressives Grand Alliance (APGA), who said confusion over the provision arose from side conversations during the clause-by-clause consideration of the bill in plenary.

Penpushing further reports that the Senate President at a book launch on Saturday, admitted that lawmakers deliberately removed the requirement for mandatory “real-time” electronic transmission of election results during the clause-by-clause consideration of the Electoral Act amendment.

The Senate President explained that the decision was informed by concerns that enforcing real-time transmission could trigger legal disputes if network failures occur during elections, however, following the Senate’s approval of the amended Electoral Act,he (Akpabio) reconstituted the harmonisation committee to reconcile differences between the Senate’s version of the bill and the version earlier passed by the House of Representatives.

Penpushing also reports that Akpabio reappointed Senator Simon Lalong of the All Progressives Congress (APC), Plateau South as chairman of the committee, with others include Tahir Monguno (All Progressives Congress, Borno North), Adamu Aleiro (All Progressives Congress Kebbi Central) and Adeniyi Adegbonmire (All Progressives Congres, Ondo Central) as members

The others are Orji Kalu (All Progressives Congress Abia South) Abba Moro (Peoples Democratic Congress, Benue), Asuquo Ekpeyong (All Progressives Congress, Cross-River) Aminu Abbas (Peoples Democratic Party, Adamawa), Tokunbo Abiru (All Progressives Congress, Lagos), Isah Jibrin (All Progressives Congres, Kogi), Ipalibo Banigo (Peoples Democratic Party, Rivers) and Peter Nwebonyi (All Progressives Congress, Ebonyi).

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